Commonwealth Consolidated Acts

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Limitation on section 79 or 90SM order

  (1)   A court cannot make an order under section   79 or 90SM with respect to a superannuation interest if:

  (a)   the superannuation interest is covered by a superannuation agreement that is in force; or

  (b)   the non - member spouse has served a waiver notice on the trustee under section   90XZA in respect of the interest; or

  (c)   a payment flag is operating on the superannuation interest.

Note:   Under section   90XM, the court can terminate the operation of a payment flag in certain circumstances.

  (2)   Subsection   (1) does not prevent the court taking superannuation interests into account when making an order with respect to other property of the spouses.

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